Anup Saini v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4722 of 2019 Arising Out of PS. Case No.-81 Year-2018 Thana- JIRADEI District- Siwan ====================================================== Anup Saini, Son of Niranjan Bhagat, Resident of Village-Bal Bangra, P.S.- Daraunda, District- Siwan.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 27.09.2018 in a case registered for the offences punishable under Sections 272, 273 and 308 of the Indian Penal Code and Sections 30 and 38 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that from the car which was being driven by the petitioner, 252 litres of illicit foreign liquor were recovered.

It is submitted by learned counsel from the petitioner that the petitioner was not aware about the liquor being kept in the car. It is further submitted that the car does not belong to the petitioner. Moreover, the investigation has already been

Patna High Court Cr.Misc. No.4722 of 2019(2) dt.29-01-2019 2/2 concluded.

Learned APP for the State submits that the recovery was made from the car which was driven by the petitioner. Considering the fact that the investigation has already been concluded, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Siwan in connection with Jiradei P.S. Case No.81 of 2018.

Since, the petitioner has serious criminal antecedent, the learned Court below would be at liberty to cancel the bail bonds of the petitioner if the petitioner defaults on three consecutive occasions or gets involved in some serious nature of offence.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T